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(영문) 서울중앙지방법원 2016.09.23 2016고단4072

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 13, 2016, around 08:06, the Defendant 233 underground, as the Seocho-gu Seoul Seocho-gu, pushed off the victim D (V, 30 years old) who suffered a mar in the front of the Defendant, which was 80 underground from the front line of the subway 2, the subway 233 underground along the same room route from the same air line of the same Gu, to the air line of 80 underground along the front line of the Defendant.

Accordingly, the defendant committed an indecent act against the victim in the subway train, which is a place where the public is concentrated.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation report (on-site crackdown and reasons for arrest);

1. The application of the Acts and subordinate statutes governing screen pictures and screen pictures CDs;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines concerning the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the grounds of sentencing of the provisional payment order and the method and form of the instant crime, the Defendant’s age, sex, criminal conduct, home environment, and circumstances before and after the instant crime are determined by comprehensively taking account of the following factors and the sentencing conditions as indicated in the pleadings.

Even though the defendant's family member under treatment and his / her will to make efforts to prevent any error in the future with the knowledge of this case, even though he/she has no previous convictions or severe criminal records of the same kind, he/she has become subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, if a conviction on the criminal facts of the judgment, which are a sex offense subject to registration, has become final and conclusive, the defendant is subject to registration of personal information under Article 42 (1) of the same Act, because he/she is a person subject to registration of personal information under Article 42 of the same Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.